North American Fruit Explorers mailing list at ibiblio

["Richard J. Ossolinski" <osso@acadia.net>]

You're right, this IS getting off topic, and to me, at least, is becoming
quite distasteful, as it seems to be yet another example of our newfound
penchant for invoking the 'legal' system to contort what here should be an 
issue of simple courtesy (hence, a non issue) into one which seeks to place
the burden of culpability onto the  victim, thus "legally" absolving the real
perpetrator of his inherent responsibility.  The "rule of reasonableness" 
can too easily be manipulated to favor the offending (and offensive) party.  
Screw the attorneys: plant far enough  from property lines so that roots, 
fruits and overhanging branches will never BECOME an issue. 
Just my opinion.
Richard

Debby Williams wrote:
> 
> I found everyone's reactions to my comments about my neighbor
> interesting.  I thought I would pass along a bit of info I clipped from
> the paper last year.  The columnist is Robert Bruss, a real estate
> attorney.
> 
> Q:  Do we have the right to cut limbs' and trim branches off a
> neighbor's tree if they are hanging over into our yard?  This tree's
> roots are also growing under our driveway and cracking it.  The neighbor
> has already dug up one big root in our yard and repaired a small portion
> of our driveway.  We've asked him several times to cut down the
> troublesome tree, but he refuses.  Is he responsible for replacing our
> driveway?
> 
> A:  The general rule is a property owner has the right to trim tree
> branches and roots back to the property line when the offending tree is
> located on a neighbor's property.  But please be careful.
> A "rule of reasonableness" applies.  Tha means you cannot do anything
> that will harm or kill the tree.  For example, if your severe trimming
> kills the tree or causes it to fall on your neighbor's house, you could
> be liable for damages.  I am not aware of any statute that requires the
> owner of the offending tree to pay for trimming, root cutting or damage
> to your property.
> 
> --
> Debby Williams
> Author of Fruit and Urban Kitchen Gardening e-zines at:
> http://wz.com/homegarden/GardensPlants.html
> Regional Advisor at http://www.thevegetablepatch.com/
> Oakland County, Michigan USA;USDA Hardiness Zones 5b/6a
> 
> 
> 
> 
> Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/

------------------------ Yahoo! Groups Sponsor ---------------------~-~>
eGroups is now Yahoo! Groups
Click here for more details
http://us.click.yahoo.com/kWP7PD/pYNCAA/4ihDAA/VTJVlB/TM
---------------------------------------------------------------------_->

 

Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/